In Support of Point of Contact Positions in State Administrative Offices of the Courts to Improve Guardianship/Conservatorship Practices
Resolution 9 In Support of Point of Contact Positions in State Administrative Offices of the Courts to Improve Guardianship/Conservatorship Practices
The National Center for State Courts estimates that there are approximately 1.5 million guardianship cases in the United States — a figure expected to rise as the population ages. Reports from the Government Accountability Office and various media outlets have brought national attention to the challenges courts face in monitoring guardianship and conservatorship arrangements. In response, there has been increasing interest in exploring alternatives that promote supported decision-making over traditional guardianship and conservatorship.
The Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) have previously endorsed resolutions supporting improved data collection on guardianship, conservatorship, and elder abuse cases, as well as the Court-Appointed Guardian Accountability and Senior Protection Act. Further, the U.S. Department of Health and Human Services, through its Elder Justice Innovation Grants, is investing in multidisciplinary approaches like the Working Interdisciplinary Networks of Guardianship Stakeholders (WINGS). The Administration for Community Living also hosted the first federal conversation on reforming guardianship on May 4, 2016.
State court administrative offices have successfully implemented Points of Contact for issue areas such as child dependency and violence against women. These roles are vital for fostering cross-sector collaborations and improving guardianship practices. Appointed Points of Contact in the courts can lead improvements by collecting and reporting data, identifying funding sources, leading or participating in reform networks like WINGS, and enhancing outreach efforts to build public trust.
Additional responsibilities include implementing innovative monitoring technologies, learning from national peers, and establishing training programs for judges, court staff, and guardians based on national standards. These positions can also help courts stay responsive to emerging trends and adopt innovative approaches to guardianship and conservatorship challenges.
NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices and the Conference of State Court Administrators encourage each state administrative office of the courts to designate a Point of Contact to support and improve guardianship and conservatorship practices.
Adopted as proposed by the CCJ/COSCA Elders and the Courts Committee at the CCJ/COSCA Annual Meeting on July 27, 2016.